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Motion to quash granted; mandamus unavailable to compel general, discretionary regulatory enforcement.
The moving party, a provincial regulator, brought a motion to quash an application for judicial review by a waste management corporation.
The corporation sought an order of mandamus requiring the regulator to enforce the Resource Recovery and Circular Economy Act, 2016, alleging economic loss due to non-enforcement.
The Divisional Court granted the motion to quash, finding it plain and obvious the application could not succeed because mandamus is not available to compel general enforcement untethered to specific facts, and the regulator's enforcement powers are discretionary.
Application for judicial review held in abeyance pending Ontario Land Tribunal reconsideration decision.
At a case management conference, the parties agreed to hold the applicant's application for judicial review in abeyance pending the Ontario Land Tribunal's decision on a request for reconsideration under section 23 of the Ontario Land Tribunal Act, 2021.
The court endorsed the agreement, setting a timetable for the filing of amended notices and application records following the release of the Tribunal's decision.
